SYNOPSIS: NASA is adding 1852.223-72, Safety and Health (Short Form), to require contractors to take all reasonable safety and occupational health measures in contracts above the $2,500 micro-purchase threshold. Also, NASA is amending other existing safety and health clauses to make them consistent with new NFS 1852.223-72, and adds an Alternate I to NFS 1852.223-73, Safety and Health Plan, to address submission of safety and health plans under Invitations for Bids (IFBs).

DATES: The interim rule is effective May 7, 2001, and applies to solicitations issued on or after that date.

Comments on the interim rule should be submitted on or before June 4, 2001.

SUPPLEMENTAL INFORMATION: NASA contracts account for approximately 80% of its budget. For NASA to achieve mission success, NASA contractors must emphasize safety and occupational health. While the existing NASA Safety and Health clause at NFS 1852.223-70 applies to high-risk contracts and many contracts over $1,000,000, NASA has many other contracts that are also critical to NASA achieving its mission. Therefore, this interim rule adds NFS 1852.223-72 to address safety and occupational health in all of its contracts above the micro-purchase threshold where NFS 1852.223-70 does not apply. The clause requires contractors to "take all reasonable safety and occupational health measures consistent with standard industry practice in performing this contract," and to "comply with all federal, state, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications, reporting requirements, and any other relevant requirements of this contract." It also defines NASA's safety priority to protect: "(1) the public, (2) astronauts and pilots, (3) the NASA workforce (including contractor employees working on NASA contracts), and (4) high-value equipment and property."

The contractor is to take "any other safety, and occupational health measures the contracting officer may reasonably direct." The contracting officer may notify the contractor of any noncompliance with this clause and specify corrective actions. The contractor must promptly take and report any necessary corrective action, or the government may pursue appropriate remedies.

Contractors and subcontractors are to include this clause in all subcontracts of every tier that exceed the micro-purchase threshold.

In addition, the following other clauses are revised:

NFS 1852.223-70 is amended to include the NASA safety priority statement and revises the requirement to include the clause in subcontracts that require construction, repair, or alteration in excess of $25,000 (the threshold had previously been $100,000 simplified acquisition threshold).

NFS 1852.223-73 is amended to include the NASA safety priority statement. Also, an Alternate I is added for use in IFBs, which requires the deletion of the first sentence of the basic provision (which requires the offeror to submit a detailed safety and health plan as part of its proposal) and the substitution of the following sentence: "The apparently successful offeror shall submit a detailed safety and occupational health plan (see NPG 8715.3, NASA Safety Manual, Appendix H) after notification of selection but before award."

NFS 1852.223-75, Major Breach of Safety or Security, is amended to include the NASA safety priority statement.